Gibson v. . Erie Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered, upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 5 Hun, 3.) This action was brought to recover damages for the alleged negligent killing of Willis Parker, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered, upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 5 Hun, 3.) This action was brought to recover damages for the alleged negligent killing of Willis Parker, plaintiff’s intestate. The deceased, at the time of the accident, was a freight conductor in defendant’s employ, and was in charge of a freight train going east from Buffalo. Arriving at Attica, the train stopped at the west end of the station, and…
1Opinion of the CourtAllen, J.
When the deceased entered the employment of the defendant he assumed the usual risks and perils of the service, and also the risks and perils incident to the use of the machinery and property of the defendant as it then was, so far as such risks were apparent. Accepting service with a knowledge of the character and position of the structures from which the employes might be liable to receive injury, he could not call upon the defendant to make alterations to secure greater safety, or in case of injury from risks which were apparent, he could not call upon his employer for indemnity. Lord…
2Cases cited2 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by116 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Davidson v. . CornellNew York Court of Appeals · 1892
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
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